Transitional Justice and the Prosecution of Political Leaders in the Arab Region

A Comparative Study of Egypt, Libya, Tunisia and Yemen

Author: Noha Aboueldahab

Publisher: Bloomsbury Publishing

ISBN: 1509911340

Category: Law

Page: 200

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The dramatic uprisings that ousted the long-standing leaders of several countries in the Arab region set in motion an unprecedented period of social, political and legal transformation. The prosecution of political leaders took centre stage in the pursuit of transitional justice following the 'Arab Spring'. Through a comparative case study of Egypt, Libya, Tunisia and Yemen, this book argues that transitional justice in the Arab region presents the strongest challenge yet to the transitional justice paradigm. This paradigm is built on the underlying assumption that transitions constitute a shift from non-liberal to liberal democratic regimes, where often legal measures are taken to address atrocities committed during the prior regime. The book is guided by two principal questions: first, what trigger and driving factors led to the decision of whether or not to prosecute former political leaders? And second, what shaping factors affected the content and extent of decisions regarding prosecution? In answering these questions, the book enhances our understanding of how transitional justice is pursued by different actors in varied contexts. In doing so, it challenges the predominant understanding that transitional justice uniformly occurs in liberalising contexts and calls for a re-thinking of transitional justice theory and practice. Using original findings generated from almost 50 interviews across 4 countries, this research builds on the growing critical literature that claims that transitional justice is an under-theorised field and needs to be developed to take into account non-liberal and complex transitions. It will be stimulating and thought-provoking reading for all those interested in transitional justice and the 'Arab Spring'.
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Caribbean Anti-Trafficking Law and Practice

Author: Jason Haynes

Publisher: Bloomsbury Publishing

ISBN: 1509915575

Category: Law

Page: 456

View: 8342

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This monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a 'disconnect' between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.
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Bandung, Global History, and International Law

Critical Pasts and Pending Futures

Author: Luis Eslava,Michael Fakhri,Vasuki Nesiah

Publisher: Cambridge University Press

ISBN: 1107123992

Category: Law

Page: 724

View: 5774

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"In 1955 a conference was held in Bandung, Indonesia that was attended by representatives from twenty-nine developing nations. Against the backdrop of crumbling European colonies, Asian and African leaders forged a new alliance and established anti-imperial principles for a new world order. The conference captured the popular imagination across the Global South. Bandung's larger significance as counterpoint to the dominant world order was both an act of collective imagination and a practical political project for decolonization that inspired a range of social movements, diplomatic efforts, institutional experiments and heterodox visions of the history and future of the world. This book explores what the spirit of Bandung has meant to people across the world over the past decades and what it means today. Experts from a wide range of fields show how, despite the complicated legacy of the conference, international law was never the same after Bandung"--
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Advocating Transitional Justice in Africa

The Role of Civil Society

Author: Jasmina Brankovic,Hugo van der Merwe

Publisher: Springer

ISBN: 3319704176

Category: Political Science

Page: 231

View: 7548

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This edited volume examines the role of local civil society in shaping understandings and processes of transitional justice in Africa – a nursery of transitional justice ideas for well over two decades. It brings together practitioners and scholars with intimate knowledge of these processes to evaluate the agendas and strategies of local civil society, and offers an opportunity to reflect on ‘lessons learnt’ along the way. The contributors focus on the evolution and effectiveness of transitional justice interventions, providing a glimpse into the motivations and inner workings of major civil society actors. The book presents an African perspective on transitional justice through a compilation of country-specific and thematic analyses of agenda setting and lobbying efforts. It offers insights into state–civil society relations on the continent, which shape these agendas. The chapters present case studies from Southern, Central, East, West and North Africa, and a range of moments and types of transition. In addition to historical perspective, the chapters provide fresh and up-to- date analyses of ongoing transitional justice efforts that are key to defining the future of how the field is understood globally, in theory and in practice Endorsements: "This great volume of written work – Advocating Transitional Justice in Africa: The Role of Civil Society – does what virtually no other labor of the intellect has done heretofore. Authored by movement activists and thinkers in the fields of human rights and transitional justice, the volume wrestles with the complex place and roles of transitional justice in the project of societal reconstruction in Africa. ... This volume will serve as a timely and thought-provoking guide for activists, thinkers, and policy makers – as well as students of transitional justice – interested in the tension between the universal and the particular in the arduous struggle for liberation. Often, civil society actors in Africa have been accused of consuming the ideas of others, but not producing enough, if any, of their own. This volume makes clear the spuriousness of this claim and firmly plants an African flag in the field of ideas." Makau Mutua
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